Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 ss. 20 & 15 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908:ss.20 & 15 - Territorial jurisdiction - Question in regard to the jurisdiction to be determined with reference to the date on which the suit is filed and entertained and not with reference to a future date - Subsequent change of residence of the party-defendant would not confer territorial jurisdiction in the Court which it did not have at the time of institution of the suit. s.115 - Jurisdiction under - Held, is discretionary - However, the discretion has to be exercised in accordance with law and not de-hors the same. Doctrines - Doctrine of dominus litus - Applicability of - Discussed.Constitution of India, 1950 - Article 136 - New plea - Party cannot be permitted to raise new plea before Supreme Court for the first time.Appellant borrowed Rupees Six lakhs from Respondent and executed a promissory note to that effect. The monetary transaction took place at Saudi Arabia where both the parties were residing at the relevant time. Respondent filed suit for recovery of said amount before the Trial Court, Attingal, in the State of Kerala, India. Appellant filed application challenging maintainability of the suit on ground of lack of territorial jurisdiction. But the application was dismissed. Appellant filed revision petition. High Court held that though the Trial Court did not have territorial jurisdiction to entertain the suit on the date of institution, but thereafter Appellant was residing permanently, actually and voluntarily within jurisdiction of the said Trial Court, hence the suit was liable to be considered by it. Hence the present appeal in which it was contended that the High Court itself having held that the suit was not maintainable, it could not have declined to exercise its revisional jurisdiction. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1043 |
Petitioner | Mohannakumaran Nair |
Respondent | Vijayakumaran Nair |
SCR | [2007] 11 S.C.R. 24 |
Judgement Date | 2007-10-11 |
Case Number | 4811 |
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